RFBT
RFBT
A, B and C borrowed P24, 000 from Y and Z and signed a promissory note dated
January 30, 2021, and due within six months. How much can Y collect from A (debtors
are solidary while creditors are joint), on due date*
C. 8,000
A. 12, 000
D. 24,000
B. 4,000
1. They refer to money or funds placed with a bank that can be withdrawn on the
depositor’s order or demand?
*
d. Deposit Substitute
c. Money Market Replacements
a. Deposit
b. Trust Funds
What is the effect of a total remission of a solidary obligation effected by the solidary
creditor upon the obligation itself?*
D. The remission is voidable.
A. The obligation is partially extinguished.
B. The entire obligation is extinguished.
C. The remission is void.
Taxi driver D, driving recklessly, killed pedestrian P and his passenger Y. Can D’s
employer relieve himself of liability arising from quasi-delict?* D. No, because the
liability of D and his employer cannot be separated.
A. Yes, if he proved that he was not inside the taxi when the incident happened.
B. Yes, if he proved due diligence of a good father of a family in the selection and supervision of
D.
C. Yes, if he did not authorize the killing committed by D.
When can the obligor or debtor be held liable for breach of the obligation by reason of a
fortuitous event?*
A. Where such liability is expressly specified by the law
C. Where the nature of the agreement does not require the assumption of risk
B. Where such liability is not declared by stipulation of the parties
D. In case of loss and destruction of a determinate thing due
It is a written contract for the payment of money which is intended as a substitute for
money and passes from one person to another as money, in such manner as to give a
holder in due course the right to hold the instrument free from defenses available to
prior parties.*
a. Negotiating Instrument
c. Negotiability Instrument
d. Negotiable Document
b. Negotiable Instrument
When an employee embezzled a sum of money from her employer, and in order that
she would not prosecuted, her husband signed a promissory note to pay the amount
embezzled, with interest to the victim, which is correct?* B. The recovery shall be
limited only to the amount embezzled without any interest.
D. No recovery can be made on the note because the consideration is illicit
C. The employer may recover from the husband of the employee and may still prosecute the
employee
A. The husband is liable because the note was executed by the husband voluntarily
The obligation is demandable on the date of the obligation and shall continue to be in
force up to the arrival of the day certain*
D. Legal period
A. Resolutory period
C. Indefinite period
B. Suspensive period
Dennis is a warehouseman. Kenneth deposits 100 kilos of rice with Dennis. Kenneth
owes Dennis 100 kilos of rice. Who can claim compensation?*
a. Savings deposit
b. Special Deposits
d. Certificate of Time Deposits
c. Telegram notes
C. Application of payment
B. Dacion en pago
A. Payment by cession
D. Consignation
1. A and B are partners with A as the managing partner. C owes A P100,000 and the
partnership P300,000 which are now both due. A issued a receipt for the payment of C
in the amount of P100,000 in his own name. The payment shall be applied to:
*
C. The payment shall be applied proportionately to both credits
B. The payment shall be applied equally to both credits.
A. The partnership credit totally.
D. The credit of A only since the receipt is in his name.
A. D promised to give C P50,000 if C will not swim across the Pacific Ocean.
B. D promised to give C P50,000 if D goes to Tokyo.
D. D promised to give C P50,000 if C gives him 5 grams of marijuana.
C. D promised to give C P50,000 if C can fly to the moon.
It the fulfillment of the condition depends exclusively upon the will of the creditor, the
conditional obligation shall be:*
D. Unenforceable
C. Voidable
A. Void
B. Valid
1. Who must ensure implementation of personal information principles set out in the
Data Privacy Act?
*
c. Privacy commissioner
d. Deputy privacy commissioner
b. Personal information processor
a. Personal information controller
1. Who chairs the Ease of Doing Business/Anti Red Tape Advisory Council?
*
d. DOF Secretary
a. DTI Secretary
b. DICT Secretary
c. DILG Secretary
Three persons execute a promissory note promising to pay their indebtedness to their
common creditor within a stipulated period without declaring that they are liable
solidarity. Can one of them be compelled to pay the entire obligation?*
B. No, the obligation is solidary.
D. Yes, the obligation is solidary.
C. Yes, the obligation is joint.
A. No, the obligation is joint.
In case of an obligation subject to a suspensive condition, what is the effect if the object
of the obligation is improved by its nature or by time during the pendency of the
condition?*
1. What is the possible maximum deposit insurance coverage if the depositor has
several valid single account and joint accounts in a closed bank?
*
a. P1,000,000.00
b. P500,000.00
c. P750,000.00
d. P1,500,000.00
1. A, B, and C are partners in ABC partnership. A and B contributed P10,000 each while
C contributed his services. After payment of the partnership liabilities to creditors, only
P15,000 remains. In the absence of stipulation to the contrary the share of C shall be:
*
C. P15,000
D. Zero
B. P10,000 A.
P5,000
In case of payment by cession, the ownership over the properties to be sold belongs
to:*
B. The creditor
A. The debtor
C. Jointly by the debtor and the creditor
D. Co-ownership between the debtor and the creditor is established.
1. It refers to any information whether recorded in a material form or not, which the
identity of an individual is apparent or can be reasonably and directly ascertained by the
entity holding the information, or when put together with other information, or when put
together with other information would directly and certainly identify an individual.
*
d. Sensitive information
c. Privileged information
a. Data subject
b. Personal information
It is a market with multiple buyers and multiple sellers, driving market prices lower and
offering consumers more choices and it encourages efficiency and innovation, and
forces businesses to excel.*
c. Global Market
d. Stock Market
a. Competitive Market
b. Local Market
Ren constructed a windmill system for Alex for P20,000. Alex made a downpayment of
P10,000 and an installment payment of P5,000, leaving a balance of P5,000. Alex
refused to pay the balance because the windmill system collapsed after a strong wind
hit the place. Is Ren exempt from liability due to fortuitous event?* A. Yes, a strong wind
in this case can be fortuitous, unforeseeable or unavoidable.
C. No, the windmill system would not have collapsed had there been no inherent defect in it
which could only be attributable to Ren.
B. Yes, Alex’s refusal to pay the balance relieves Ren of his liability.
D. No, Ren remains liable until he receives the balance payment.
1. On July 1, 2020, Ambo, Bibo and Cardo formed a partnership which they named as
“Ambo & Bibo Company, Ltd.”. Ambo is a general partner while Bibo and Cardo are
limited partners. Which of the following statements is true?
*
D. If the partnership contracts with Dado, Bibo is not personally liable if Dado knows that Bibo is
a limited partner.
A. Cardo is not a real partner but only a partner by estoppel because his name does not appear
in the name of the partnership.
C. The Capital contribution of Cardo and his separate property are not liable to third persons.
B. The liabilities of Bibo and Cardo are limited only to their capital contribution because they are
limited partners.
1. What is the possible maximum deposit insurance coverage if the depositor has
several valid single account in a closed bank?
*
c. P750,000.00
a. P1,000,000.00
d. P1,500,000.00
b. P500,000.00
c. Bid-rigging
d. Input Limitation
b. Market Sharing
In case of an obligation subject to a suspensive condition, what is the effect if the object
of the obligation is lost through the fault of the debtor during the pendency of the
condition?*
A. The creditor shall be liable to pay damages.
D. The obligation is not extinguished.
B. The debtor shall be liable to pay damages.
C. The obligation is extinguished.
1. A limited partnership named “A, B and C Co. Ltd.” was formed on October 25, 2018
with A as a general partner and B and C as limited partners. In 2019, A and B got
married. Did the marriage dissolve or put an end to the partnership?
*
A. Yes, the partnership is dissolved by the marriage because there is a change in equity among
the partners.
D. Yes, because spouses cannot enter into a universal partnership or be thereof.
C. No, because spouses can enter into a universal partnership.
B. No, the marriage did not dissolve the partnership.
1. Under the Foreign Currency Deposit Act of the Philippines, what is the only
exception for the absolutely confidential nature of the Foreign Currency Bank Deposit?
*
d. If the money deposited is the subject of the litigation
c. Upon order of the competent court in cases of bribery or dereliction of duty of public officials
a. Upon written permission of the depositor
b. In cases of the Impeachment of the President
It is a thing that is particularly designated or physically segregated from all others of the
same class.*
B. Indeterminate thing
C. Determinate thing
D. Real thing
A. Gereric thing
1. X is a capitalist partner and Y the industrial one. Y engages in business on his own
account but different from that of the partnership.
*
C. If there are losses, Y and the partnership shall equally share.
B. If there are profits, Y and the partnership shall share equally.
D. Y may be excluded from the partnership but without damages.
A. Y may be excluded from the partnership with damages.
If one of the solidary debtors pays the entire obligation, is such debtor subrogated to all
of the rights the creditor?* B. Yes, the solidary debtor steps into the shoes of the creditor.
A. No, the solidary debtor can only demand reimbursement from his co-debtors.
C. No, the solidary debtor already assumed the risk of not being paid or reimbursed.
D. Yes, if there is consent of the creditor.
The prescriptive period for violation of Bouncing Check Law under Batas Pambansa 22
is?*
c. 4 years
d. 5 years
b. 3 years
a. 2 years
It is a bill of exchange issued by a drawer ordering the drawee bank to pay the payee
named in the check a certain amount either payable to bearer or order.* b. Bill of
Exchange
d. Bill of Lading
c. Check
a. Promissory Note
D borrowed P50,000 from C. Subsequently, D proposed to C that T would assume his
(D’s) debt. C accepted the proposal of D. This substitution of debtor is known as:*
D. Dacion en pago
C. Tradition
B. Delegacion
A. Expromision
What condition must concur in order that the obligor or debtor shall be exempted from
liability by reason of a fortuitous event?* A. The event must be either foreseeable or
avoidable.
B. The cause of the breach of the obligation must be independent of the human or of the will of
the debtor.
D. The debtor must have participation in, or aggravation of the injury to the creditor.
C. The event must be such as to render it possible for the debtor to fulfill his obligation in a
normal manner.
1. The change in the relation of the partners caused by any partner ceasing to be
associated in carrying out the business is called:
*
D. Termination
C. Winding-up
B. Liquidation
A. Dissolution
What is the effect of a fortuitous event upon the term or period agreed upon?*
In case of an obligation subject to a suspensive condition, what is the effect if the object
of the obligation deteriorates through the fault of the debtor during the pendency of the
condition?* C. The creditor may ask for fulfillment with damages only.
D. The creditor may choose between rescission or fulfillment with indemnity for damages.
B. The creditor may ask for rescission only.
A. The debtor may choose between rescission or fulfillment with indemnity for damages.
1. They may be purchased or taken up by the corporation upon the expiration of a fixed
period, regardless of the existence of restricted retained earnings in the books of the
corporation, and upon such other terms and conditions must also be stated in the
certificate of stock representing said shares.
*
1. Plaintiff filed a collection action against X Corporation. Upon execution of the court’s
decision, X Corporation was found to be without assets. Thereafter, plaintiffs filed an
action against its present and past stockholder including Y Corporation which is owned
substantially all of stocks of X Corporation. The two corporations have have the same
board of directors and Y Corporation financed the operations of X Corporation. May Y
Corporation be held liable for the debts of X Corporation?
* B. Yes, under the principle of Trust Fund
Doctrine.
Suppose that both parties in reciprocal obligations have committed a breach thereof,
who shall be liable?*
C. The first infractor, but his liability will be equitably tempered
A. The second infractor
B. Both infractors
D. The first infractor with absolute liability
Taxi driver D, driving recklessly, killed pedestrian P and his passenger Y. What is the
nature of liability of D’s employer under the Revised Penal Code?*
C. Subsidiary
A. Direct
D. Solidary
B. Primary
1. Each share shall be equal in all respects to every other share except as otherwise
provided in the articles of incorporation and stated in the certificate of stock.
*
C. Winding-up
D. Termination
A. Dissolution
B. Retirement
If the fulfillment of the condition depends exclusively upon the will of the debtor, the
conditional obligation shall be:*
C. Voidable
B. Valid
A. Void
D. Unenforceable
In case of an obligation subject to a suspensive condition, what is the effect if the object
of the obligation is lost without the fault of the debtor during the pendency of the
condition?*
A, B and C secured a loan from D. The promissory note which evidences the obligation
states: “I promise to pay D or order P10,000 payable on demand” (sgd) ABC. The
obligation is*
A. Solidary
D. Joint
B. Divisible
C. Indivisible
1. It refers to any and all forms of data which under the Rules of Court and other
pertinent laws constitute privileged communication.
*
a. Data subject
b. Personal information
d. Sensitive information
c. Privileged information
1. Arises if all the partners consented to the misrepresentation of a third person who is
not a real partner. This creates a partnership obligation.
*
D. All of the above
C. Limited partnership
B. Partnership by estoppel
A. General partnership
a. Savings deposit
b. Special Deposits
c. Telegram notes
d. Certificate of Time Deposits
A owes B P10,000 payable as soon as A has the money to pay B. This is*
A. A conditional obligation
D. A potestative condition
B. An obligation with a period
C. A suspensive condition
X obliged himself to pay Y the amount of P30,000 30 days after January 31, 2021 plus a
penalty of P3,000 if he fails to pay the obligation on due date. After demand for payment
by Y, X offered to pay on January 30, 2022. Y can demand from X.*
B. P30,000 plus legal interest
A. P30,000 plus P3,000 plus legal interest
D. P30,000 plus P3,000 plus legal interest plus damages
C. P30,000 plus P3,000
It refers to the acquisition of goods, consulting services, and the contracting for
infrastructure projects by the procuring entity.* d. Acquisitive
b. Precurement
c. Acquisition
a. Procurement
Suppose that the debtor executed a promissory note promising to pay his obligation to
the creditor as soon as he has received funds derived from the sale of his property in a
certain place. The condition is:*
A. Potestative
D. Mixed
C. Suspensive
B. Casual
In alternative obligations, who has the right to choose or select the object to be
delivered or the prestation to be performed among those which are alternatively due?*
C. The creditor
A. As agreed by the parties
B. The debtor
D. Third person
1. A and B orally agreed to form a partnership. Each contributed cash worth P15,000 to
common fund. But they did not register the partnership with the Securities and
Exchange Commission.
*
A. The partnership is void.
C. The partnership is voidable.
D. The partnership is valid and unenforceable.
B. The partnership is still valid.
If impossibility of performance of the obligation has already existed when the contract
was made, the contract is:*
C. Void
B. Voidable
D. Unenforceable
A. Valid
Taxi driver D, driving recklessly, killed pedestrian P and his passenger Y. If the heirs of
Y sue for breach of contract (culpa contractual), against whom can it be brought?*
A. D’s employer only
B. D only
C. D and his employer
D. None of the two
Which of the following act/s is/are prohibited under the Philippine Competition Act?* d.
All of the choices
c. Anticompetitive Mergers and Acquisitions
b. Abuse of Dominant Position
a. Anticompetitive Agreement
1. Simple Transactions with the government agencies must be processed within ___
working days.
*
c. 3
d. 5
b. 2
a. 1